Bernardini could see manuscript theft case dismissed as Deferred Prosecution Agreement considered

A Deferred Prosecution Agreement is being considered for Filippo Bernardini, the London publishing staffer arrested and charged by the FBI with allegedly stealing hundreds of book manuscripts over several years, which could see his case dismissed. 

Publishers Lunch reported that in late June US District Court Judge Colleen McMahon agreed to postpone a scheduled status conference in the prosecution of Bernardini until 10th September. 

Prosecutors told the judge that they are reviewing “a deferred prosecution request” from Bernardini’s counsel.

A Deferred Prosecution Agreement (DPA) is an informal type of probation which sees the case deferred by the judge, while the defendant fulfills specified supervision and commitments, which can include fines or penalties.  

If the terms and conditions of the DPA are met, the case is then dismissed, with no permanent criminal conviction on record.  

Bernardini previously pleaded not guilty to charges of wire fraud and aggravated identity theft and was released on bail. Bernardini, an Italian citizen who worked as a rights co-ordinator at Simon & Schuster UK, was arrested in January after landing at John F Kennedy International Airport. The US Department of Justice claims he impersonated people in the publishing industry over a number of years in order to have authors, including a Pulitzer Prize-winner, send him pre-publication manuscripts.  

S&S was not accused of any wrongdoing in the indictment and suspended Bernardini’s employment.